Richard Wagner's Answers

Is there a way to find out the charges prior to arraignment?

Here some information: You get the information at the Arraignment. Not before. California Law: Transportation of a controlled substance from one place to another does not require more than minimal movement while under your control. However, Los Angeles Criminal Defense Attorneys know there are other scenarios that will not justify a conviction for transportation, even though it may be a case of simple possession. For example, carrying the illegal substance for a short distance may...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Failure to provide defense with discovery.

California Penal Code Section 1054.5 provides your answer: (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing...

1 lawyer agreed with this answer

1 person marked this answer as helpful

My son was arrested on July2009 and he was not given a public defender or any lawyer to represent him.

You should contact the Ventura County Public Defender's Office HALL OF JUSTICE 800 S. VICTORIA AVE RM# 207 VENTURA, CA 93009 (805) 654-2201 OPEN MONDAY - FRIDAY 8:00 a.m. - 5:00 p.m. or contact The Justice Project at http://www.thejusticeproject.org/

1 lawyer agreed with this answer

How and when can I get a restricted license after a DUI?

In most cases, the arresting officer has already taken your driver's license. He has issued to you a Temporary Administrative Per Se Suspension/Revocation Temporary License Endorsement. This endorsement is good for thirty (30) days after your arrest. If you do not request a hearing and a stay in a timely manner, your driving privileges will automatically be suspended at midnight, thirty (30) days from the arrest date shown on your temporary license endorsement. If you retain a lawyer...

1 person marked this answer as helpful

What is criminal code HS 11377 (A)

California Health and Safety Code Section 11377 (a) is: (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20)...

1 person marked this answer as helpful

I need an honest opinion... I got a DUI and my BAC was .16. Presuming there is no mistake on the paper work (by the police offi.

Your BAC as measured by the preliminary alcohol screening (PAS) device was a .16? Or was the the breath test at the station and then you elected to do a blood test after that? IF you plead not guilty, that means you have already been charged by the prosecutor. You are wondering if you will be convicted of a DUI. There are tons of defenses to a DUI and just because you got a .16 doesn't say a whole lot. For example, we need to know the reason you were stopped by the cops, how you were...

1 person marked this answer as helpful

My son is facing criminal charges of embezzlement and grand theft. Can he avoid doing time?

A lawyer familiar with the Orange County knows about the alternatives to incarceration such as the Community Work Program (CWP) which permits clients sentenced to Orange County Jail to work 8 to10 hours per day on public work projects in lieu of one day’s jail confinement. Private/city jail is an option. It’s pay to stay and usually runs between $75 - $100 per day, although there is one or two that are free. There is a work furlough option attached this where you son can go to work (...

1 person marked this answer as helpful

Shoplifting charge in CA for aspiring Public Teacher

California Penal Code Section 484 says: (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile...

1 person marked this answer as helpful

My Fiancé had court today before his charge level was (F)Felony now its (O)Other. What does this usually mean?

The records have not been updated. There may have been charges added to the case. Domestic Violence cases can have a lot of different types of charges, including felonies and misdemeanors. There can be assault, battery, with or without injury, vandalism, etc. Plus, you say that he has been charged with Kidnapping. This is a felony and he faces a sentence up to life in prison. The witnesses you have are very important. You need an investigator on your defense team.

Confusing!!! Can you still serve 5 years in a county jail than state prison even though it was a serious felony offense??

In California county courts, County Jail Felonies have been created. County Jail Felonies are served in the County Jail even though much longer than one year. So it is possible to serve long sentences in county jail rather than be shipped off to State Prison. There is a difference between a Serious Felony and a Violent Felony. The confusion probably comes from the source of the information, which is a news story. We don't know what actually took place in court during the violation of...